TiranaTiranaDurres Monday – Friday 08:30 – 17:00 +355693232349 Monday – Saturday 08 – 18 +355693232349

What happens if the balance sheet is not submitted on time?

Annual balance sheet – which includes the annual financial statements (the balance sheet, income statement, statement of cash flows, explanatory notes, etc.) – must be submitted within the legally prescribed deadlines. Failure to submit the balance sheet on time is considered a legal violation and carries serious financial and administrative consequences for the entity.

Below are the main legal obligations as well as the practical and legal consequences in the event of a delay. The purpose of this material is to inform about the importance of meeting deadlines, as well as the risks that arise from failing to fulfill these obligations.

Legal obligations for submitting the annual financial statements

Statutory deadlines for submission

According to tax legislation and to him of accounting, Businesses must submit annual statements and reports within specific deadlines. 

The law “For income tax”It stipulates that the annual income tax return (including the annual financial statements) must be filed no later than March 31 of the following year for each tax (calendar) period.

Likewise, Law No. 25/2018 “For accounting and financial statements”(Article 22) requires that the annual financial statements be filed for publication with the authority where the entity is registered (e.g., the QKB) within seven months of the end of the financial year." This means that, for most businesses, the previous year's balance sheet must be submitted by July 31 of the current year.

Obligation to accuracy and full compliance.

The law requires that the balance sheet and tax returns be submitted not only on time but also with accurate and complete information. An incomplete filing or one with inaccurate data does not absolve the entity—it can still be penalized, as it is considered a failure to comply with a legal obligation.

The Tax Administration has emphasized that entities that submit inaccurate returns (e.g., merely to meet the deadline and then correct them) will be considered high risk and subject to additional audits. Therefore, meeting the deadline must be accompanied by accuracy in financial reporting.

Fines and penalties for late delivery

Failure to submit the balance sheet and the relevant statements within the legal deadline results in administrative penalties in the form of fines, in accordance with the tax and accounting legal framework:

Fine from the Tax Administration (failure to file on time)

According to Law No. 9920, dated May 19, 2008 “For Tax Procedures in the Republic of Albania”(Article 113, as amended), if a taxpayer fails to file the required tax return within the deadline, they shall be fined for each delayed return.".

For the annual profit tax declaration (annual fiscal balance), the fixed fine is 10,000 lekë for each late filing by profit tax subjects. (large businesses) and 5,000 lekë for other entities (e.g., small businesses, individuals).

This penalty is imposed immediately after the deadline has passed and is prescribed by law, regardless of whether the taxpayer subsequently pays the tax liability. A longer delay may result in repeated penalties and late-payment interest on unpaid tax obligations. The Tax Procedure Law provides that, in addition to the penalty, late‐payment surcharges are also calculated on the unpaid tax until the obligation is fully paid.

Fine from the National Business Center (NBC) for failure to file a balance sheet.

Regardless of tax penalties, failure to submit annual financial statements to the commercial register (e.g., the National Business Registry) within the deadline constitutes an administrative offense under the relevant legislation. Law No. 9723, Law No. 3.5.2007 “On Business Registration” (as updated by the most recent amendments) stipulates that failure to comply with the obligation to file annual financial statements within the prescribed deadline is punishable by a fine.

With the recently enacted legal changes, the fine has been increased to 60,000 lek (from 15,000 lek previously).

This fine is imposed by the QKB or the relevant authority once it is determined that the entity has not filed its balance sheet within the legal deadline. In addition to the fine, the entity is again required to submit the financial statements; thus, the fine does not replace the obligation to report – the balance sheet must be filed despite the delay in order to comply with the law.

If the entity continues to fail to submit its financial statements even after a fine has been imposed, the authorities may take further measures. These measures include the temporary suspension of operations or the deletion of the entity from the commercial register, once the relevant obligations have been settled. Under the new tax guidelines, the administration may initiate the deregistration of an “inactive” business that has not filed periodic returns and balance sheets for a long time, in order to clean up the registers. Such an administrative deregistration is an extreme scenario, but possible in cases where the entity completely ignores its legal obligations.

Hindrance in obtaining official certificates and certifications

An immediate practical consequence of failing to meet declaration obligations is the difficulty of obtaining official documents from the tax administration and other institutions. These documents are often necessary for business operations, so their absence creates serious obstacles:

Tax certification (certificate of payment of obligations)

This is document An official document issued by the Tax Administration certifying that the entity has no outstanding tax obligations and has filed its returns correctly. Obtaining this certificate is required in many cases (e.g., applications for public tenders, bank loans, various licenses, etc.). 

If the annual balance sheet (profit tax return) has not been filed, the tax system will mark the entity as having missing returns and will not issue the tax certificate until the overdue documentation is submitted. Thus, the failure to submit the balance sheet suspends the possibility of obtaining the tax certificate until the entity has filed its returns and paid any fines or late-payment obligations.

Other certificates and the QKB extract

In addition to tax certification, businesses often have to submit the extract from the commercial register maintained by the QKB (where the company's data are listed). The extract shows whether the entity has filed its financial statements for recent years. Failure to file is usually noted in the register, and interested parties may view this as a negative signal. A public institution or private partner, upon seeing in the extract that the company has not submitted its financial statements, may request additional explanations or refuse cooperation.

Also, the QKB may refuse to issue certain specific certificates (e.g., the company's historical certificate showing its active status and compliance with its obligations) until the obligation to file financial statements is fulfilled. Thus, to have the complete registration documentation and the necessary certificates, the entity must ensure the timely submission of its balance sheets.

Risk of classification as a high-risk entity

Failure to meet legal obligations (such as filing financial statements late or not filing them at all) directly affects the taxpayer's risk profile with the Tax Administration. The tax authority uses risk analysis methods to identify entities that may be evading their obligations or are likely to be engaging in evasion. Some consequences in this context are:

Inclusion in special monitoring lists

A business that has not filed its annual returns by the deadline is automatically recorded as non-compliant. This can place the entity on stricter monitoring lists. The Tax Administration identifies these entities as risky and may allocate additional resources to monitor them. As a result, the entity may be placed under continuous monitoring for subsequent filings.

Increased likelihood of a tax audit or inspection

In practice, a taxpayer who misses filing deadlines increases the likelihood of undergoing a full tax audit (or even spot checks). The Tax Administration has warned that it will prioritize auditing companies with non-compliant behavior.

For example, in an official notice she stated that taxpayers found to have inaccuracies or delays in their annual filing will be subject to audits, particularly regarding inventory levels and other items where discrepancies may exist. This means that a delayed balance sheet may draw the attention of tax inspectors, leading to a more detailed review of your accounting books, invoices, inventories, and transactions.

Classification as “debtor” or “inactive” in the system

In cases where failure to submit financial statements (the balance sheet) is accompanied by non-payment of tax obligations, the entity may be classified as a tax debtor with unpaid liabilities. This is reflected in the tax system and may also be published in periodic lists of tax debtors.

Even if the entity has no payment obligations but simply hasn't filed returns, after a prolonged period of noncompliance the administration may change the entity's status to “Passive” or “Inactive.” Such a passive entity may lose the right to carry out actions such as claiming VAT credit, applying for refunds, etc., until it returns to active status by filing the outstanding returns.

Overall, the entity's tax reputation is damaged. This can have a long-term effect: even after the entity has filed its financial statements late, it may continue to be subject to increased scrutiny by tax authorities for a period, until a clean compliance record is reestablished.

Impact on financing, public tenders, and partnerships

Beyond fines and relationships with government agencies, the late filing of financial statements harms a business's financial image and credibility in the eyes of third parties. These include banks, public institutions where it bids on contracts, as well as potential partners or investors. Some of the key impacts are:

Difficulty obtaining bank loans

Financial institutions (banks, microcredit companies, etc.) require up-to-date official financial statements as part of the lending process. When a company applies for a loan, the bank usually requests the most recent 2–3 years of balance sheets, submitted and stamped (or at least accompanied by a tax certificate).

If the company has not submitted its balance sheets to the relevant authorities, it signals a lack of financial transparency. The bank may suspect that a weak financial situation or irregularities are hiding behind this, and consequently may refuse the loan or delay it until everything is fully clarified. Even in cases where the loan may be approved, failure to submit the balance sheet can negatively affect the risk assessment (for example, leading to higher interest rates or stricter collateral requirements).

Disqualification from public tenders

The Public Procurement Law and tender regulations require that bidders (participating companies) be in good tax and legal standing. Specifically, it is usually required that the company submit: (a) Certificate from the Tax Administration that there are no outstanding obligations and that all returns have been filed; (b) audited or officially filed financial statements for the most recent year(s). If the balance sheet has not been submitted, the company cannot provide these documents.

The absence of a tax certificate or of submitted balance sheets is an immediate cause for disqualification in a public tender. The contracting authority will exclude any bidder who does not meet the above criteria, regardless of how competitive their economic offer may be. This leads to the loss of significant business opportunities and revenue for a completely avoidable reason with better planning.

Obstacles in partnerships and projects with institutions

Many international organizations, donors, NGOs, and even large corporations require local partners to have sound and transparent finances when selecting them. A company that fails to submit its financial statements on time raises questions about its financial integrity. This can lead potential partners (e.g., a donor agency awarding grants, or a foreign company seeking a local partner) to hesitate to work with the entity.

Also, regulatory institutions may impose restrictions: for example, if a company applies for a public license (in sectors such as energy, telecommunications, etc.), the licensing authority may require the most recently filed balance sheets. Their absence may lead to the refusal of the license. In general, the company's credibility and reputation take a hit – partners may view it as unprofessional or careless in its management.

Loss of market and investment opportunities

Except in the specific cases above, the absence of regular financial statements can limit opportunities to attract investors or expand into the market. Investors (such as potential shareholders, investment funds, etc.) conduct financial due diligence before investing – if they cannot find officially filed financial statements, they may decide to withdraw.

Likewise, important suppliers or major clients may request financial information; in the absence of official balance sheets, they may choose to do business with a safer partner. Thus, the domino effect of failing to submit a balance sheet is reflected in reduced business competitiveness in the market.

The importance of fulfilling obligations on time

Timely submission of the annual balance sheet and tax returns is not merely a legal formality – it is an integral part of a business's health and its relationships with the government and the market. As discussed above, the consequences of non-submission are manifold: from direct financial penalties to the erosion of your credibility with third parties. On the other hand, meeting deadlines avoids these consequences and demonstrates that the entity operates responsibly and transparently.

For any business, it is vital to organize accounting and financial tasks in such a way that annual financial statements and tax returns are prepared and filed on time. This involves close collaboration with accountants, auditors, and tax advisors to ensure the quality and accuracy of financial information within specified deadlines. Investing in fulfilling these obligations avoids additional costs (fines and interest) and protects the business's reputation.

“It costs less to comply with the law on time than to ignore it and then face the consequences. Timely filing of financial statements is not only a legal obligation but also a sound business practice that ensures continuity and long-term success.

Do you have a question?

Do not hesitate to contact us. We are a team of experts and will be happy to speak with you.

GDPR